BILL NUMBER: AB 65	CHAPTERED  09/01/99

	CHAPTER   275
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 1999
	APPROVED BY GOVERNOR   AUGUST 31, 1999
	PASSED THE SENATE   AUGUST 19, 1999
	PASSED THE ASSEMBLY   MAY 10, 1999
	AMENDED IN ASSEMBLY   APRIL 22, 1999

INTRODUCED BY   Assembly Member Ducheny
   (Coauthors:  Assembly Members Cardenas, Firebaugh, Gallegos,
Granlund, Honda, Longville, Mazzoni, Reyes, Soto, and Strom-Martin)
   (Coauthor:  Senator Alarcon)

                        DECEMBER 7, 1998

   An act to add  Sections 305.5 and 7810 to the Family Code, and to
add Section 360.6 to the Welfare and Institutions Code, relating to
child custody, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 65, Ducheny.  Indian Child Welfare Act.
   Existing federal law, contained in the Indian Child Welfare Act,
specifies that an Indian tribe shall have exclusive jurisdiction,
except in specified cases, over any custody proceeding involving an
Indian child, as defined, and specifies procedures and rights
applicable to state court proceedings involving an Indian child.
   This bill would direct the courts to strive to promote the
stability and security of Indian tribes and families and to comply
with the Indian Child Welfare Act in all Indian child custody
proceedings, as specified, and would require that the federal act be
applied in those proceedings if the tribe determines that an
unmarried person, who is under the age of 18 years, is a member of
the tribe or is eligible for membership and is a biological child of
a member of a tribe.  The bill would also require state and local
authorities to transfer child custody proceedings to the tribe within
a specified period in cases where an Indian child has been removed
from parental custody by those authorities and the tribe has
exclusive jurisdiction, as specified.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7810 is added to the Family Code, to read:
   7810.  (a) The Legislature finds and declares the following:
   (1) There is no resource that is more vital to the continued
existence and integrity of Indian tribes than their children, and the
State of California has an interest in protecting Indian children
who are members of, or are eligible for membership in, an Indian
tribe.
   (2) It is in the interest of an Indian child that the child's
membership in the child's Indian tribe and connection to the tribal
community be encouraged and protected.
   (b) In all Indian child custody proceedings, as defined in the
federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), the
court shall consider all of the findings contained in subdivision
(a), strive to promote the stability and security of Indian tribes
and families, comply with the federal Indian Child Welfare Act, and
seek to protect the best interest of the child.
   (c) A determination by an Indian tribe that  an unmarried person,
who is under the age of 18 years, is either (1) a member of an Indian
tribe or (2) eligible for membership in an Indian tribe and a
biological child of a member of an Indian tribe shall constitute a
significant political affiliation with the tribe and shall require
the application of the federal Indian Child Welfare Act to the
proceedings.
  SEC. 2.  Section 305.5 is added to the Welfare and Institutions
Code, to read:
   305.5.  (a) Where an Indian child, who resides or is domiciled
within a reservation of an Indian tribe that has reassumed exclusive
jurisdiction over Indian child custody proceedings pursuant to
Section 1918 of Title 25 of the United States Code, has been removed
by a state or local authority from the custody of his or her parents
or Indian custodian, the state or local authority shall provide
notice of the removal to the tribe no later than the next working day
following the removal and shall provide all relevant documentation
to the tribe regarding the removal and the child's identity.  If the
tribe determines that the child is an Indian child, the state or
local authority shall transfer the child custody proceeding to the
tribe within 24 hours after receipt of written notice from the tribe
of that determination.
   (b) As used in this section, the terms "Indian child" and "Indian
child custody proceedings" shall be defined as provided in the
federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
  SEC. 3.  Section 360.6 is added to the Welfare and Institutions
Code, to read:
   360.6.  (a) The Legislature finds and declares the following:
   (1) There is no resource that is more vital to the continued
existence and integrity of Indian tribes than their children, and the
State of California has an interest in protecting Indian children
who are members of, or are eligible for membership in, an Indian
tribe.
   (2) It is in the interest of an Indian child that the child's
membership in the child's Indian tribe and connection to the tribal
community be encouraged and protected.
   (b) In all Indian child custody proceedings, as defined in the
federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), the
court shall consider all of the findings contained in subdivision
(a), strive to promote the stability and security of Indian tribes
and families, comply with the federal Indian Child Welfare Act, and
seek to protect the best interest of the child.
   (c) A determination by an Indian tribe that  an unmarried person,
who is under the age of 18 years, is either (1) a member of an Indian
tribe or (2) eligible for membership in an Indian tribe and a
biological child of a member of an Indian tribe shall constitute a
significant political affiliation with the tribe and shall require
the application of the federal Indian Child Welfare Act to the
proceedings.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to immediately protect and preserve the rights of Indian
children, their parents or custodians, and their tribes in custody
proceedings, it is necessary that this act take effect immediately.
